Potter v. Dundee Hydraulic Power Co.
Michigan Supreme Court
Appeal from Monroe; Chester, J., presiding. Bill by Charles C. Potter and another against the Dundee Hydraulic Power Company to restrain the maintenance of a dam at an excessive height, and for damages caused by flooding. From a decree for plaintiffs, defendant appeals.
1Opinion of the CourtSteere, J.
Plaintiffs, who are husband and wife, have owned and occupied for more than 20 years an 80-acre farm located upon the north side of the river Raisin about one-half mile up stream and westerly from defendant’s, dam across said river at the village of Dundee, Monroe county. Approximately one-half of this farm is upland and the remainder flats, or bottom land, along the north bank of the river which plaintiff claims was especially fertile and productive farming land, subject to overflow only in the time of spring freshets, and which he tilled successfully until defendant erected a new and higher…
2Cases cited4 opinions
- Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912
- Turner v. HartMichigan Supreme Court · 1888
- Brockway v. Hydraulic Power & Light Co.Michigan Supreme Court · 1913
- Miller v. Bank of BellevilleMichigan Supreme Court · 1907